The Neuromuscular Workout website and app (hereinafter referred to as “NW material”) is an intelligent workout assistance tool which challenges people to workout physical imbalances in order to gain physical strength, comfort and recovery by providing users of the “NW material”:
- High quality movement exercises.
- High quality movement programmes.
- Educational materials about physical health.
These Terms & Conditions of Use (this “Agreement“) apply to:
- all of the products, services and websites offered by Neuromuscular Workout, including, but not limited to, “NW material”, mobile, tablet, internet television, or other digital or electronic versions of the “NW material” video streaming platform
- any “NW material” software
- any applications created by Neuromuscular Workout whether available through a social networking site or media or its subsidiaries or affiliated companies (collectively, the “service“). Please note that the availability of any “NW material” applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Neuromuscular Workout and such social networking site, mobile or tablet device, or internet television or other technology platform.
The “NW material”, The service and anything published, displayed or communicated by Neuromuscular Workout is not directed to persons under eighteen (18) years of age.
PLEASE READ THIS PRESENT “TERMS & CONDITIONS OF USE AGREEMENT” AND “DISCLAIMER AGREEMENT” (found here > ) VERY CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor“ (which means that you simply browse the service) or you are a “customer“ (which means that you have registered on the APP or website as a user). If you do not accept the terms of this Agreement, you should leave the APP or the Website and discontinue use of the service immediately. We will post a notification on the service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the service. Your continued use of the service following our posting of any changes to this Agreement means that you accept those changes.
2. Arbitration Agreement and Class Action Waiver
You and Neuromuscular Workout agree that any dispute between us relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Neuromuscular Workout further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state or nation law concerning arbitration. You and Neuromuscular Workout further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but not limited to, your right to a jury trial.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however; an arbitrator can award the same relief that a court can award. The arbitration will be administered by the nation or state Arbitration Association, and conducted under such institutions Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect at the time of the dispute. You are responsible for obtaining copies of the local rules and forms for initiating arbitration
Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against Neuromuscular Workout; (2) preside over any kind of representative or class proceeding against Neuromuscular Workout; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding.
If you do not agree to this arbitration agreement and class action waiver, you must tell us in writing and not use the Service.
3. General Registration Requirements
If you wish to become a customer or user, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your nations applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Neuromuscular Workout reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Neuromuscular Workout’s Materials and Neuromuscular Workout’s Content on the Service is provided to you “AS IS“ for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Neuromuscular Workout. Other than rights expressly granted to you, Neuromuscular Workout reserves all rights in and to the Service and the Neuromuscular Workout Content.
You may access Website and Content as available: for your information and personal use; as intended through the normal functionality of the Neuromuscular Workout Service; and for Streaming. Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream Neuromuscular Workout Content, the resolution and quality of Neuromuscular Workout Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming Neuromuscular Workout Content you will receive.
In order to be able to Stream or download Neuromuscular Workout Content from the Service and to view Neuromuscular Workout Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
4. Member Account, Password and Security
If you register on the Service, you will be required to choose a password and username, and you will be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Neuromuscular Workout of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorization from Neuromuscular Workout. Neuromuscular Workout will not be liable for any loss or damage arising from your failure to comply with this Agreement.
5. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively, “Content“) that:
- interferes with or disrupts the Service;
- is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Service;
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner; contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,“ “chain letters,“ or unsolicited mass mailing, instant messaging, “spimming,“ or “spamming“;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities and/or sales without Neuromuscular Workout’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person;
- or contains a virus or other harmful component.
Moreover, you may not
(a) use any “deep link,“ “page scrape,“ “robot,“ “spider,“ or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service,
(b) attempt to gain unauthorised access to any portion or feature of the Service or any other systems or networks connected to the Service or to any Neuromuscular Workout server or to any of the services offered on or through the Service, by hacking, password “mining,“ or any other illegitimate or prohibited means,
(c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service,
(d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service,
(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Neuromuscular Workout’s systems or networks or any systems or networks connected to the Service,
(f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service,
(g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Neuromuscular Workout on or through the Service, or
(h) use the Service in an unlawful manner.
6. Responsibility for Content
You, and not Neuromuscular Workout, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service. Neuromuscular Workout does not control the Content posted by third parties via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Neuromuscular Workout be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7. Rejection/Removal of Content
You acknowledge that Neuromuscular Workout may or may not pre-screen Content posted on the Service, that Neuromuscular Workout is not responsible for behaviour or comments of teachers and/or students and/or music on the Service, but that Neuromuscular Workout shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Neuromuscular Workout shall have the right to remove from the Service any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Neuromuscular Workout.
If you become aware of misuse of the Service by any person, please contact Neuromuscular Workout.
When you become a customer, you agree to pay the monthly fee once a month.
Your subscription starts from when you purchase it, so if you purchase on the 6th, then the next time you will be charged is on the 16th on the following month.
When you cancel your subscription, you still get to use the app until the subscription you have paid for runs out.
For example, if you purchased the subscription on the 12th of the month, but cancel it on the 25th, you can continue the use of the app until your subscription runs out on the 12th of the following month.
You can only access the entire APP or service by paying the monthly fee.
Should you fail to pay the monthly fee by the last bank day the month before you can access only the free material in the new period of using the APP or services.
By subscribing to the Neuromuscular Workout service you agree to pay the monthly fee on a monthly basis and you are responsible for the termination of the service within these terms of this agreement.
If the monthly fee is adjusted you will be notified to allow you the opportunity to cancel or downgrade your subscription if you do not agree with the adjusted fee.